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Who Oversees Workers’ Comp in North Carolina?

On Behalf of Christian Ayers
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If you need to file a workers’ compensation claim after a serious injury at work, you might wonder, “Who oversees workers’ comp in North Carolina?” The North Carolina Industrial Commission (NCIC) is the state agency responsible for handling all workers’ compensation claims filed in the state, and you may interact with this agency directly under certain conditions. An experienced Hickory workers’ compensation attorney can help you with your claim.

Who oversees workers comp in North Carolina?

Filing Your Workers’ Compensation Claim

The NCIC is the state government agency responsible for the administration of the state Workers’ Compensation Act. Under this act, almost every employer in the state is required to have workers’ compensation insurance, and almost every worker in the state is covered by this insurance. If you suffer any injury while performing your job duties, you likely have the ability to file a claim for benefits.

If you intend to file a workers’ compensation claim in North Carolina, it is important to understand the eligibility requirements for this claim. Primarily, you must be ready to prove the injury was work-related, meaning you suffered an injury or acquired a medical condition or illness directly from the performance of your job duties. If you caused the injury yourself, it will not necessarily prevent you from filing a claim.

However, there are some exceptions. If you were working under the influence of drugs or alcohol, if you intentionally violated workplace safety regulations, or if you injured yourself through horseplay at work, these issues could disqualify you from benefits. If you caused your own injury through simple negligence or an honest mistake made while you were performing your duties in good faith, it should not exclude you from receiving benefits.

How An Attorney Can Help With Your Claim

After the injury, you should report it to your employer immediately so you can begin the workers’ compensation claim filing process as quickly as possible. You will need to undergo a medical evaluation as part of your claim, during which a workers’ compensation physician approved by your employer’s insurance carrier will assess the severity of your condition and assign you a disability rating.

You will need to complete and submit Form 18 to the NCIC. If the claim is uncontested, they keep relevant records and verify that your employer’s insurance company handles the claim correctly. If the claim is disputed, the NCIC is responsible for facilitating a resolution, usually by arranging a hearing. Your Hickory workers’ compensation attorney can advise you as to what you can expect should your claim be disputed.

The NCIC resolves contested workers’ compensation claims through hearings, during which the parties involved will present their arguments for review. A hearing will unfold under the direction of a deputy commissioner of the NCIC. Each case is different, so your attorney can provide detailed guidance as to what you can expect in your situation.

The attorneys at Ayers, Whitlow & Dressler provide client-focused legal representation for all types of work injury claims in Hickory and surrounding communities. While it is possible for you to file your workers’ compensation claim without hiring an attorney, you are more likely to reach a positive outcome to your case in a timely manner if you have legal representation, and your attorney can also help resolve unexpected complications you encounter with your claim.

FAQs

Q: Which Government Agency Handles Workers’ Compensation Claims?

A: The NCIC is the government agency responsible for handling workers’ compensation claims in the state. All workers’ compensation claims filed in the state begin with a Form 18 filed to the NCIC. As long as everything proceeds correctly with the claim, the NCIC serves as an administrative agency, but the NCIC will investigate disputes regarding workers’ compensation claims, such as bad faith practices from insurers and employer non-compliance.

Q: Do I Need an Attorney to File a Workers’ Compensation Claim?

A: You need an attorney to file a workers’ compensation claim if you want to reach optimal results as quickly as possible. The right attorney can help file your claim in a timely manner, resolve any disputes that arise with your employer and/or their insurance carrier, and they can help prepare for any interactions with the NCIC that your claim will entail. They can also help you pursue additional avenues of recovery if available in your claim.

Q: What Does the NCIC Do?

A: The NCIC is responsible for enforcement of the North Carolina Workers’ Compensation Act and handles roughly 65,000 claims from injured workers throughout the state each year. The NCIC arranges trials for contested cases and administers these trials, and the agency is also responsible for the administration of uncontested cases. All workers’ compensation claims filed pass through NCIC review.

Q: What Happens if My Workers’ Compensation Claim Is Denied?

A: If your workers’ compensation claim is denied, you should be supplied with a specific reason for the denial. If you filed after the deadline or your injury was not work-related, these are common reasons for claims to be denied. If you believe the denial is unfair or incorrect, you have the right to appeal the decision through the NCIC. An experienced attorney can help you file the necessary paperwork to arrange for a hearing and appeal the denied claim.

Q: What Does It Cost to Hire a Workers’ Compensation Attorney?

A: The cost to hire a workers’ compensation attorney varies as each attorney has their own billing policy. At Ayers, Whitlow & Dressler, we use a contingency fee policy to ensure that legal representation is available to those who need it most. With this policy, the client pays only a percentage of their case award as our fee, and only if we win their case. There is no risk of paying more for legal representation than you win in compensation for your injury.

Ayers, Whitlow & Dressler, has years of professional experience helping injured workers claim their workers’ compensation benefits, and we can help prepare for any potential interactions with the NCIC that you may face as you seek the benefits you deserve. Contact us today and schedule your free consultation with a trustworthy Hickory workers’ compensation attorney with your case.